Training Compensation
Texto da decisão
Decis ion of the
S ingle Judge of the s ub-com m ittee of the Dis pute
Res olution Cham ber (DRC)
passed on 19 September 2019,
by Eirik Monsen (Norway),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Club A, Country B
as Claimant
against the club,
Club C, Country D
as Respondent
regarding training compensation in connection with
the player, Player E
I.
Facts of the cas e
1.
According to the player passports issued by the Football Association of Country B
(hereinafter: the Football Association F) on 21 June 2019, the player, Player E
(hereinafter: the player), born on 18 August 1998, was registered with its affiliated
clubs, including Club A (hereinafter: Club A or the Claimant), as follows:
Clubs
Club G
Club H
Club J
Club A
Club K
Club L
Regis tration dates
From 28.09.2006 until 14.10.2008
From 22.10.2008 until 31.07.2010
From 01.08.2010 until 21.06.2011
From 22.06.2011 until 15.02.2016
From 16.02.2016 until 30.06.2016
From 01.07.2016 until 10.08.2017
S tatus
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
2.
Pursuant to the information provided by Football Association F, the football season
in Country B starts in July and ends in June of the following year.
3.
According to the information contained in the Transfer Matching System (TMS),
the player moved from the Club of Country B, Club L, to the Club of Country D,
Club C (hereinafter: the Respondent), on 10 August 2017, where he was registered
as a professional for the first time.
4.
Pursuant to the information in the TMS, the Respondent belonged to the category
II (UEFA indicative amount of EUR 60,000 per year) at the moment the player was
registered with it.
5.
In this framework, on 21 December 2018, the Claimant contacted FIFA claiming its
proportion of training compensation on the ground of the first registration of the
player as a professional to a club of a different association, before the end of the
season of his 23rd birthday. In particular, the Claimant requested the amount of
EUR 128,054.79.
6.
In spite of having been invited to do so, the Respondent did not reply to the
Claimant’s claim.
II.
Cons iderations of the S ingle Judge of the s ub-com m ittee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution
Chamber (hereinafter also referred to Single Judge) analysed whether he was
competent to deal with the case at hand. In this respect, he took note that the
present matter was submitted to FIFA on 5 December 2018. Consequently, the 2018
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
2
edition of the Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable
to the matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which
states that the Dispute Resolution Chamber shall examine its jurisdiction in light of
arts. 22 to 24 of the Regulations on the Status and Transfer of Players (edition June
2019). In accordance with art. 3 of Annexe 6 in conjunction with art. 24 par. 3 and
art. 22 lit. d) of the Regulations on the Status and Transfer of Players, the Single
Judge is competent to decide on the present dispute relating to training
compensation between clubs belonging to different associations handled through
TMS.
3.
Furthermore, and taking into consideration that the player was registered with the
Respondent on 10 August 2017, the Single Judge analysed which regulations
should be applicable as to the substance of the matter. In this respect, he confirmed
that, in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and
Transfer of Players (editions 2017, January and June 2018 as well as edition June
2019), the 2017 edition of the said regulations (hereinafter: Regulations) is
applicable to the matter at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having been
established, the Single Judge entered into the substance of the matter. The Single
Judge started by acknowledging the above-mentioned facts of the case as well as
the documentation on file. However, the Single Judge emphasized that in the
following considerations he will refer only to the facts, arguments and
documentary evidence which he considered pertinent for the assessment of the
matter at hand. In particular, the Single Judge recalled that, in accordance with
art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within the scope of
proceedings pertaining to the application of the Regulations, any documentation
or evidence generated or contained in the TMS.
5.
First of all, the Single Judge recalled that, in accordance with the player passport
issued by the Football Association F, the player, born on 18 August 1998, was
registered with the Claimant as an amateur from 22 June 2011 until 15 February
2016.
6.
Then, the Single Judge noted that the player transferred from the Club of Country
B, Club L, to the Respondent where he was registered as a professional.
7.
In continuation, the Single Judge took note that the Claimant requested the
payment of the training compensation from the Respondent on the ground of the
first registration of the player as a professional to the Respondent before the end
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
3
of the season of his 23rd birthday. In particular, the Single Judge took note that the
Claimant requested the amount of EUR 128,054.79.
8.
Equally, the Single Judge noted that the Respondent, despite having been invited
to do so, failed to present its response to the claim of the Claimant and, in this
way, renounced its right to defence.
9.
As a consequence of the aforementioned consideration, the Single Judge
established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall
take a decision upon the basis of the documents already on file, in other words
upon the statements and documents presented by the Claimant.
10.
Furthermore, and hereby referring to the rules applicable to training
compensation, the Single Judge stated that, as established in art. 20 of the
Regulations in combination with art. 1 par. 1 and art. 2 par 1. of Annexe 4 of the
Regulations, training compensation is payable, as a general rule, for training
incurred between the ages of 12 and 21 when a player is registered for the first
time as a professional before the end of the season of the player’s 23rd birthday or
when a professional is transferred between clubs of two different associations
before the end of the season of the player’s 23rd birthday.
11.
In continuation, the Single Judge observed that, based on the documents at
disposal, it can be established that the player was registered with the Claimant
before the end of the season of his 21st birthday, i.e. 22 June 2011 until 15 February
2016. What is more, the Single Judge observed that according to the player’s
passport, the player was always registered throughout it youth career in Country
B as an amateur. Furthermore, the Single Judge duly noted that the player then
transferred from the Club of Country B, Club L to the Respondent where he was
registered as a professional for the first time with the Respondent on 10 August
2017, i.e. before the end of the season of his 23rd birthday.
12.
In view of the foregoing, the Single Judge concluded that the Respondent is liable
to pay training compensation to the Claimant for the training of the player in
accordance with art. 20 as well as Annexe 4 of the Regulations.
13.
Turning his attention to the calculation of the training compensation, the Single
Judge referred to art. 3 par. 1 sent. 2 of Annexe 4 of the Regulations, which
stipulates that the amount payable is calculated on a pro rata basis according to
the period of training that the player spent with each club.
14.
As such, the Single Judge concluded that the effective period of time to be
considered in the matter at stake corresponds to the following:
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
4
-
the full season of the player’s 13th birthday;
the full season of the player’s 14th birthday;
the full season of the player’s 15th birthday;
the full season of the player’s 16th birthday; and
8 months of the season of the player’s 17th birthday.
15.
Furthermore, the Single Judge referred to art. 5 paras. 1 and 2 of Annexe 4 of the
Regulations, which stipulate that, as a general rule, to calculate the training
compensation due to a player’s former club, it is necessary to take the costs that
would have been incurred by the new club if it had trained the player itself. In
addition, and in line with the provisions set out in art.5 par. 3 of Annexe 4 of the
Regulations, the Single Judge recalled that for the period(s) of training that
occurred during the seasons between the players’ 12th and 15th birthdays, training
compensation shall be based on the training and education costs of category IV
clubs.
16.
In this respect, the Single Judge took due note that, according to the information
contained in the TMS, the Respondent belonged to UEFA category II (indicative
amount of EUR 60,000 per year). Also, the Single Judge highlighted that the
indicative amount for UEFA category IV clubs represents EUR 10,000 per year.
17.
Consequently, taking into consideration all the above, the Single Judge decided
that the Respondent is liable to pay the amount of EUR 128,054 to the Claimant
for the training and education of the player.
18.
Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2 of
Annexe 4 of the Regulations, the Single Judge decided that the Respondent has to
pay interest at 5% p.a. over the amount payable as training compensation as of 9
September 2017 until the date of effective payment.
19.
Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in conjunction
with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings
before the DRC relating to disputes regarding training compensation and the
solidarity mechanism, costs in the maximum amount of CHF 25,000 are levied. The
relevant provision further states that the costs are to be borne in consideration of
the parties’ degree of success in the proceedings and that, in accordance with
Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on
the basis of the amount in dispute.
20.
In respect of the above, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 128,054.79 related to the claim of
the Claimant. Consequently, the Single Judge concluded that the maximum
amount of costs of the present proceedings corresponds to CHF 15,000.
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
5
21.
As a result, the Single Judge determined the costs of the current proceedings to
the amount of CHF 12,000 which should be borne by the Respondent considering
its lack of reply.
*****
III. Decis ion of the S ingle Judge of the sub-com m ittee of the DRC
1. The claim of the Claimant, Club A, is accepted.
2. The Respondent, Club C, has to pay to the Claimant, w ithin 30 day s as from the
date of notification of this decision, the amount of EUR 128,054 + 5% p.a. interest
as from 9 September 2017 until the date of effective payment.
3. In the event that the aforementioned sum plus interest is not paid within the stated
time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for consideration and a formal decision.
4. The final costs of the proceedings in the amount of CHF 12,000 are to be paid by the
Respondent, w ithin 30 day s of notification of the present decision, as follows:
4.1.
The amount of CHF 9,000 as to be paid to FIFA to the following bank account
with reference to case no. XXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
4.2.
The amount of CHF 3,000 as to be paid back to the Claimant.
5. The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance under point 2. above is to be made and to
notify the Single Judge of the sub-committee of the DRC of every payment received
*****
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
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Note relating to the m otiv ated decis ion (legal remedy):
According to art. 58 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the CAS,
a copy of which we enclose hereto. Within another 10 days following the expiry of the
time limit for filing the statement of appeal, the appellant shall file a brief stating the
facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the
directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Single Judge of the
sub-committee of the DRC
Emilio García Silvero
Chief Legal & Compliance Officer
Encl.: CAS directives
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
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